Extraterritoriality is often understood as an exceptional, sometimes even illegitimate, form of state lawmaking—yet it is pervasive in contemporary practice. Countries around the world rely on extraterritorial regulation to protect local markets, in areas including competition law and data privacy. It is also recognized as a useful strategy to promote international human rights, and to address shared challenges as diverse as transnational crime, tax base erosion, and climate change. The normalization of extraterritoriality as a legal technique, however, has by no means resolved longstanding debates about its place in the international legal order. Containing in-depth studies of fifteen legal systems, this volume provides a critical comparative perspective on those debates.
Hannah L. Buxbaum is Professor and John E. Schiller Chair at Indiana University’s Maurer School of Law. She is an expert in the areas of private international law and international jurisdiction, with publications including Extraterritoriality/L’Extraterritorialité (with T. Fleury Graff, eds., Brill, 2022). She is a member of the International Academy of Comparative Law and currently President of the American Society of Comparative Law.
Preface
List of Contributors
Part 1: General Report
Extraterritoriality in Comparative Context
Defining the Scope of State Law in a Global Era Hannah L. Buxbaum
Part 2: National Reports
Australia
Danielle Ireland-Piper Brazil
André de Carvalho Ramos and Mariana Sebalhos Jorge Canada: Federal and Common Law
John C. Kleefeld Canada: Québec
Frédérique Sabourin China
Shiping Liao Germany
Sören Segger-Piening Italy
Alessandra Zanobetti Japan
Hisashi Harata Korea
Gyooho Lee The Netherlands
Lucas Roorda, Cedric Ryngaert, and Timo Zandstra Romania
Sergiu Popovici Taiwan
Rong-Chwan Chen United Kingdom
Matteo Angelini United States
Frank Gevurtz Vietnam
Quoc Chien Ngo and Duc Vinh Nguyen
Part 3: Special Report
European Union
Lena Hornkohl
Part 4: Appendix
Questionnaire
Index
Undergraduate, graduate, and post-graduate students in law and in political science. Academic institutions, libraries, and research centers.